U.S.

Department of Housing
and Urban Development
Office of Fair Housing
and Equal Opportunity

Housing Discrimination
Complaint

OMB Approval No. 2529-0011

Please type or print this form

Public Reporting Burden for this collection of information is estimated to average 1 hour per response, including the time for reviewing instructions,
searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information.
Read this entire form and all the instructions carefully before completing. All questions should be answered. However, if you do not know the answer
or if a question is not applicable, leave the question unanswered and fill out as much of the form as you can. Your complaint should be signed and dated.
Where more than one individual or organization is filing the same complaint, and all information is the same, each additional individual or organization
should complete boxes 1 and 7 of a separate complaint form and attach it to the original form. Complaints may be presented in person or mailed to the
HUD State Office covering the State where the complaint arose (see list on back of form), or any local HUD Office, or to the Office of Fair Housing and
Equal Opportunity, U.S. Department of HUD, Washington, D.C. 20410.
This section is for HUD use only.
Number

(Check the applicable box)

Jurisdiction

Referral & Agency (specify)

Systemic
Military Referral

Filing Date

Signature of HUD personnel who established Jurisdiction

Yes
No
Additional Info

1. Name of Aggrieved Person or Organization (last name, first name, middle initial) (Mr.,Mrs.,Miss,Ms.)

Home Phone

Business Phone

See Attachment A for names and contact information for all Complainants
Street Address (city, county, State & zip code)

2. Against Whom is this complaint being filed? (last name, first name, middle initial)

Phone Number

AMP Residential-Apartment Management Professionals LLC d/b/a AMP Residential 317-644-6707

Street Address (city, county, State & zip code)

920 N. Shadeland Avenue, Suite G-1, Indianapolis, Indiana 46219

Check the applicable box or boxes which describe(s) the party named above:

Builder

Owner

Broker

Salesperson

Supt. or Manager

If you named an individual above who appeared to be acting for a company in this case, check this box
Name:
Address

Bank or Other Lender

Other

and write the name and address of the company in this space:

Name and identify others (if any) you believe violated the law in this case:

3. What did the person you are complaining against do? Check all that apply and give the most recent date these act(s) occurred in block No. 6a below.
Refuse to rent, sell, or deal with you
Falsely deny housing was available
Engage in blockbusting
Discriminate in broker's services
in the conditions or
Discriminate
terms of sale, rental occupancy, or

Advertise in a discriminatory way

Discriminate in financing

in services or facilities

Intimidated, interfered, or coerced you

to keep you from the full benefit of the
Federal Fair Housing Law

Other (explain)
4. Do you believe that you were discriminated against because of your race, color, religion, sex, handicap, the presence of children under 18, or a pregnant
female in the family or your national origin? Check all that apply.
Race or Color
Black
White
Other

Religion
(specify)

Sex
Male
Female

Handicap
Physical
Mental

5. What kind of house or property was involved? Did the owner live there?
Single-family house
Yes
A house or building for 2, 3, or 4 families
No
A
building
for
5
families
or
more
Unknown

Familial Status
of children
Presence
under 18 in the family

National Origin
Hispanic
American
Other
Asian or
Indian or
(specify)
Pregnant female
Pacific
Alaskan
Islander
Native
Is the house or property What is the address of the house or property?
Being sold?
(street, city, county, State & zip code)
Being
rented?

See Attachment B (Index of Properties)

Other, including vacant land held for

residential use (explain)
6. Summarize in your own words what happened. Use this space for a brief and concise statement of the facts.
Additional details may be submitted on an attachment.
Note: HUD will furnish a copy of the complaint to the person or organization against whom the complaint is made.

August 2015 to present

(Respondent's conduct at issue
remains ongoing)

See Attachment C (Statement in Support of HUD Complaint)

7. I declare under penalty of perjury that I have read this complaint Signature & Date
(including any attachments) and that it is true and correct.
See Attachment
Previous editions are obsolete

Page 1 of 3

6a.When did the act(s) checked in Item

3 occur? (Include the most recent
date if several dates are involved)

C
form HUD-903 (7/2001)
ref Handbook 8024.1

ATTACHMENT
A

ATTACHMENT A

Fair Housing Center of West Michigan

20 Hall St. SE
Grand Rapids, MI
49507
Fair Housing Center of Central Indiana
615 North Alabama St. #426
Indianapolis, IN
46204

Central Ohio Fair Housing Association

175 S. 3rd St., Suite 580
Columbus, OH
43215
Fair Housing Center of Southeast & Mid-Michigan
P.O. Box 7825
Ann Arbor, MI
48107
Fair Housing Center of Southwest Michigan
405 W. Michigan Ave #6
Kalamazoo, MI
49007

ATTACHMENT
B

ATTACHMENT B- LIST OF PROPERTIES

43 North Apartments (14868 Lakeshore Dr. Grand Haven Township, MI, 49417) ....................... 7-8
Table 3 ............................................................................................................................................ 8
Addison Place Apartments (1165 Shiloh Square Evansville, IN, 47114).................................... 10-11
Aspen Lakes Apartments (1701 Knapp St. NE Grand Rapids, MI, 49505) .................................... 6-7
Table 2 ............................................................................................................................................ 7
Central Park Place (2875 Central Park Way NE Grand Rapids, MI, 49505) .................................. 6-7
Table 2 ............................................................................................................................................. 7
Country Place Apartments (1820 S. Crawford Rd., Mount Pleasant, MI, 48858) ............................. 9
Edison Pointe Apartments (3902 St. Andrews Cir. Mishawaka, IN, 46545) .............................. 11-12
Table 6 ........................................................................................................................................... 12
Glen Oaks East Apartments (2353 Oak Forest Ln. SE, Grand Rapids, MI, 49546) ..................... 6, 8
Table 4 ............................................................................................................................................. 8
Muirwood Village Apartments (3251 Haddington Dr. Reynoldsburg, OH, 43068) ................... 12-13
North Park Apartments (1125 Wellington Dr. Evansville, IN, 47710)............................................ 11
Ridgewood (2110 Woodwind Dr. SE, Grand Rapids, MI, 49546) .................................................... 6-7
Table 2 ........................................................................................................................................... 7
River Club Apartments (1010 N. Black River Dr. Holland, MI, 49424)............................................ 9
Runaway Bay (1011 Runaway Bay Dr. Lansing, MI, 48917)....................................................... 13-14
Spring Brook Apartments (1074 West 32nd St. Holland, MI, 49423) .......................................... 9-10
Table 5 ........................................................................................................................................... 10
Stone Crest Apartments (2880 S. Isabella Rd., Mount Pleasant, MI, 48858)..................................... 9
The Valley Townhomes (4100 Whispering Lane NE, Grand Rapids, MI, 49525) ............................ 10
Timberview Apartments (15056 Elizabeth Jean Ct., Grand Haven Township, MI, 49417) ........... 7-8
Table 3 ............................................................................................................................................. 8
Waverly Place Apartments (1412 Banbury Rd., Kalamazoo, MI, 49001) ...................................... 14
Table 7 ........................................................................................................................................... 14
i

Woodbridge Apartments (3140 E. Paris Ave SE, Kentwood, MI, 49512 .......................................... 9
Woodland Creek Apartments (3300 E. Paris Ave, SE, Kentwood, MI, 49512) ................................ 9
Wyndham Hill Apartments (1851 Knapp St. NE, Grand Rapids, MI, 49505) ............................... 4-6
Table 1 ............................................................................................................................................ 5

ii

ATTACHMENT CSTATEMENT IN SUPPORT OF HUD COMPLAINT

INTRODUCTION
The Fair Housing Center of West Michigan (FHCWM), the Fair Housing Center of
Central Indiana (FHCCI), the Central Ohio Fair Housing Association (COFHA), the Fair
Housing Center of Southeast & Mid-Michigan (FHCSEM), and the Fair Housing Center of
Southwest Michigan (FHCSWM) (collectively, Complainants) bring this joint, multijurisdictional complaint against Apartment Management Professionals Residential LLC d/b/a
AMP Residential (AMP or Respondent), a property management company that manages
apartment complexes in Michigan, Indiana, and Ohio, for its pattern and practice of
discrimination on the basis of familial status, in violation of the Fair Housing Act (FHA), 42
U.S.C. 3601 et seq. 1
In the summer of 2015, after receiving a complaint that Respondent refused to allow a
woman and her husband to rent a large, two-bedroom unit because the family had three children,
Complainant FHCWM opened an investigation of Respondents housing practices. FHCWM
engaged the other Complainants to investigate Respondents conduct in their respective
jurisdictions. As part of Complainants investigation, Complainants conducted a series of
controlled tests in which testers contacted Respondents properties seeking to rent two-bedroom
units for their families consisting of two adults and three children.
Through their investigation, Complainants confirmed that AMP enforces a strict, twoperson per bedroom maximum occupancy policy at a number of its properties. Respondent
enforces its policy regardless of the size or configuration of the apartment unit or the size of the
units bedrooms or other living areas. Respondent, for example, enforces the same two-person
per bedroom policy for its two-bedroom, three-level, 1600 square foot townhomes that it does for
two-bedroom units that are half that size. For at least one of its properties, AMP represents that
children are counted as occupants at birth, so even a family of five including an infant who
sleeps in a crib in her parents room would be unable to rent a spacious two-bedroom unit at
Respondents property. Respondents two-person per bedroom policy applies equally to onebedroom units at many of its properties and thus prevents a couple with any children from
renting those units at all, regardless of the size or configuration of the apartment. Further, for
many of its floor plans, Respondents maximum occupancy policy is more restrictive than
occupancy limitations imposed by applicable local law, which would allow more than two
persons per bedroom to live in a number of its apartments.
Respondents unreasonable policy operates both to exclude and limit the number of
families with children who can live at Respondents properties and thus discriminates against
and has a discriminatory adverse impact on families with children. Respondents discriminatory
conduct remains ongoing.

Rather than requesting that HUD conduct separate investigations, Complainants have elected to file a joint
complaint, as their respective investigations involve the same policy, maintained by the same Respondent, within the
same HUD region (Region 5).

LEGAL FRAMEWORK
While HUD has advised that a two-person per bedroom occupancy policy may be
reasonable in some circumstances, decades of HUD guidance makes clear that HUD does not
determine compliance with the FHA based solely on the number of people permitted in each
bedroom. Occupancy Standards Notice of Statement of Policy, 63 Fed. Reg. 7025601, 70257
(Dec. 18, 1998). Instead, HUD instructs housing providers to consider a number of factors in
developing reasonable occupancy requirements, such as the number and size of sleeping areas
or bedrooms and the overall size of the dwelling unit. Id. Indeed, HUD specifically identifies a
two-person per bedroom occupancy policy that, like the policy at issue here, would prevent a
family of five who applied to rent an apartment with two large bedrooms and spacious living
areas as an example of a policy for which a charge of discrimination would be warranted. Id.
Further, HUD has warned that any non-governmental restriction on occupancy (such as
Respondents occupancy policy) will be carefully scrutinized to determine whether [the policy]
operates unreasonably to limit or exclude families with children. Id.
Complainants investigation reveals that AMP ignores everything that HUD specifically
directs housing providers to consider in setting occupancy standards and instead enforces the
same rigid policy, regardless of the size of the unit, its bedrooms, or any other factors. Under
similar circumstances, HUD has issued charges of discrimination against housing providers for
rigidly enforcing a two-person per bedroom occupancy policy, particularly where, as here, the
occupancy policy at issue was more restrictive than the local occupancy code. See, e.g., Secy v.
Draper and Kramer, Inc., 2006 WL 2848628 (HUDALJ Sept. 21, 2006) (HUD charge of
discrimination alleging that respondents no more than two-person per bedroom policy was
unreasonable, which resulted in a consent order); Secy v. Insignia Fin. Grp., Inc., 1997 WL
768229 (HUDALJ Dec. 12, 1997) (HUD charge of discrimination alleging that respondents
refusal to rent a two-bedroom unit to a couple with three minor children constituted unlawful
discrimination under the FHA, which resulted in a consent order); Secy v. Peppertree
Apartments, 1994 WL 681054 (HUDALJ Nov. 10, 1994) (consent order defining unreasonable
occupancy policy as a policy that is more restrictive than the local occupancy code and enjoining
respondents from adopting such a policy). Indeed, in 2015, HUD negotiated a conciliation
agreement between another property management company and several fair housing
organizations (including Complainant FHCCI) that required the company to rescind and revise
the same two-person per bedroom occupancy policy at issue here. Conn. Fair Hous. Ctr., et al.
v. TGM Associates L.P., HUD Nos. 05-14-1529-8; 05-14-1528; 01-14-0656-8. Federal courts
have also found that two-person per bedroom occupancy policies, like Respondents policy, can
have a discriminatory disparate impact on families with children in violation of the FHA. See,
e.g., Gashi v. Grubb & Ellis Prop. Mgmt. Servs., Inc., 801 F. Supp. 2d 12 (D. Conn. 2011).
The facts supporting Complainants allegations and establishing Respondents
discrimination are described in greater detail below.
PARTIES
Complainant Fair Housing Center of West Michigan (FHCWM) is a private, non-profit
corporation that is committed to preventing and eliminating illegal housing discrimination and to
ensuring equal housing opportunities in western Michigan. FHCWM undertakes various
activities to further its mission, including tracking and investigating allegations of housing
discrimination; assisting individuals as they report housing discrimination; mediating and
2

resolving claims of housing discrimination; surveying property marketing and other housing
practices; training landlords, realtors, and others on fair housing practices; and building
awareness and support for fair housing in the general western Michigan community.
Complainant Fair Housing Center of Central Indiana (FHCCI) is a private, non-profit
fair housing organization whose mission is to ensure equal housing opportunities and eliminate
housing discrimination through advocacy, enforcement, education, and outreach. To achieve its
goals, FHCCI provides education programs, conducts trainings, and engages in other activities to
increase fair housing knowledge among the public. FHCCI also conducts fair housing
investigations and assists individuals and communities who have been impacted by unlawful
housing discrimination.
Complainant Central Ohio Fair Housing Association (COFHA) is a private, non-profit
corporation based in Columbus, Ohio. COFHAs mission is to eliminate housing discrimination
and ensure equal housing opportunity for all people, regardless of familial status or other
protected characteristics. COFHA furthers its goal by engaging in activities designed to
encourage fair housing practices through educational efforts, assisting individuals who believe
that they have been victims of housing discrimination, and identifying barriers to fair housing in
order to help counteract and eliminate discriminatory housing practices, among other activities.
Complainant Fair Housing Center of Southeast & Mid-Michigan (FHCSEM) is a
private, non-profit fair housing organization serving mid- and southeastern Michigan. FHCSEM
is a membership organization whose mission is to end discrimination in housing and public
accommodations and to promote accessible, integrated communities. FHCSEM undertakes
various activities to further its mission, including assisting in the investigation of unlawful
housing discrimination, educating the public and housing advocates about fair housing rights and
requirements, and providing education and outreach for housing consumers and housing
advocates. FHCSEMs programs are designed to protect the rights of persons to fair housing
opportunities without discrimination on the basis of familial status or other protected
characteristics.
Complainant Fair Housing Center of Southwest Michigan (FHCSWM) is a private,
non-profit organization established to ensure equal housing opportunities for residents in
southwest Michigan. Its mission is to promote integration and eliminate housing discrimination.
FHCSWM works to fulfill its objectives through education, advocacy, and enforcement.
FHCSWMs programs and activities include providing training to real estate professionals and
housing providers; conducting testing (including audit-based tests); investigating complaints of
housing discrimination; and conducting various housing-related presentations, among other
activities.
Apartment Management Professionals LLC, also known as Apartment Management
Professionals Residential or AMP Residential (AMP) is a large property management
company. Founded in 2014, AMP currently manages over thirty properties, and over 8,000
units, in Indiana, Ohio, Alabama, and Michigan. Based on Complainants investigation, AMP is
responsible for the adoption and enforcement of the two-person per bedroom maximum
occupancy policy at the properties at issue in this Complaint.
3

In addition to AMP, this Complaint is intended to be filed against any other subsidiary or
division of AMP that owns and/or manages any of the properties named or referred to in this
Complaint or that is otherwise responsible for implementing, maintaining, and/or enforcing the
challenged occupancy policy at these properties.
FACTUAL BACKGROUND
In the summer of 2015, a woman contacted the Fair Housing Center of West Michigan
(FHCWM) to inquire regarding an incident involving potential familial status discrimination.
The woman told FHCWM that she had been looking for a two-bedroom apartment for herself,
her three children, and potentially her husband. As part of her apartment search, she contacted
Respondents Wyndham Hill property (in Grand Rapids, Michigan) to ascertain whether there
were any units available for rent. According to the woman, AMP refused to allow her to rent a
unit because it only allowed a maximum of two people per bedroom in any of its apartments.
The woman, who was familiar with Wyndham Hills floor plans (and the square footage of its
two-bedroom units), could think of no reason justifying Respondents refusal to rent to her, and
wanted to know whether Respondents policy was lawful.
Although the woman ultimately did not pursue the matter beyond her initial complaint to
FHCWM, her report prompted FHCWM to investigate Respondents conduct. As part of its
investigation, an FHCWM tester contacted Wyndham Hill on July 15, 2015 posing as a married
woman seeking a two-bedroom apartment for her family of two adults and three children.
AMPs employee told the tester that there was nothing available for a family with three children
to rent at Wyndham Hill because the property enforced a strict, two-person per bedroom
maximum occupancy policy. The employee even acknowledged how difficult it must be for the
testers family to find housing, but made no exceptions to AMPs policy in an effort to
accommodate the testers family.
After confirming AMPs policy at Wyndham Hill, FHCWM conducted additional
investigation regarding Wyndham Hills floor plans, the size and configuration of two-bedroom
apartments at Wyndham Hill, and any governmental occupancy restriction in the Grand Rapids
area that may be relevant to AMPs policy. FHCWMs investigation confirmed that AMPs
policy at Wyndham Hill was unduly restrictive.
Wyndham Hill advertises spacious interiors, including two-bedroom unitsnamely,
the Ashford and the Buckingham modelsthat are over 1100 square feet and have large
bedrooms and living areas. These floor plans are attached as Exhibit 1.
The City of Grand Rapids (Grand Rapids) occupancy standards are set by the 2012
International Property Maintenance Code (IPMC), a universal, model code that imposes
occupancy limitations by room. Per IPMC, each bedroom in a dwelling is required to have a
minimum of 70 square feet and every bedroom occupied by more than one person must contain a
minimum of 50 square feet per occupant. Intl Prop. Maint. Code 404.4.1. 2 As demonstrated
by Table 1, the Ashford and Buckingham floor plans can lawfully accommodate up to eight
2

The minimum area requirements for living rooms and dining rooms under the IPMC are the same for units
occupied by 4 people as they are for units occupied by 5 and thus do not justify AMPs two-person per bedroom
occupancy restriction. Under the IPMC, a unit housing three to five occupants must have a living room that is at
least 120 feet and a dining room that is at least 80 feet. IPMC at Table 404.5.

occupants under Grand Rapids safety and occupancy standards, yet AMP would refuse to allow
even a family of five to rent these units.
Table 1.
Property
Tested

Floor Plan
Name

Total sq. ft.

(advertised)

Bedroom
1 sq. ft.

# of
Bedroom
occupants 2 sq. ft.
allowed in
Bedroom
1

Total number
occupants
permissible under
IPMC

287

# of
occupants
allowed
in
Bedroom
2
5

Wyndham
Hill
Wyndham
Hill

Ashford

1100

163

Buckingham

1220

287

163

83

After confirming that AMPs policy was unreasonable in light of both the size of the
units at Wyndham Hill and local occupancy standards, FHCWM opened an official investigation
of AMP in August 2015. As part of that investigation, FHCWM contacted the other
Complainants to investigate Respondents conduct in the jurisdictions outside of its own service
area. As part of their respective investigations, each Complainant conducted testing to determine
the nature and extent of Respondents discriminatory conduct. Complainants testing and
investigation confirmed that Respondent maintains an unreasonably strict, two-person per
bedroom policy at a number of properties throughout Michigan, as well as in Indiana and Ohio.
Complainants testing and investigation is summarized in greater detail below.
Investigation by the Fair Housing Center of West Michigan (FHCWM)
In addition to its testing of AMPs Wyndham Hill property, FHCWM conducted a series
of controlled tests regarding occupancy restrictions for two-bedroom apartments at other AMP
properties in western Michigan, including:

43 North (Grand Haven Township)

Aspen Lakes (Grand Rapids)
Central Park Place (Grand Rapids)
Country Place (Mount Pleasant)
Glen Oaks East (Grand Rapids)
Ridgewood (Grand Rapids)
River Club (Holland)
Spring Brook (Holland)
Stone Crest (Mount Pleasant)

Under the IPMC, a unit housing more than six occupants must have a living room that is at least 150 square feet, a
dining room that is at least 100 square feet, orin the case of a combined living and dining room spacea total
area that is equal to that required for separate rooms (or at least 250 square feet). For both floor plans identified in
the chart, the combined living/dining room area is 306.6 square feet and thus meets the requirement for a unit
occupied by more than six occupants.

The Valley (Grand Rapids)

Timberview (Grand Haven Township)
Woodbridge (Kentwood); and
Woodland Creek (Kentwood)

FHCWM testers contacted these properties between August 2015 and March 2016 to
inquire about renting a two-bedroom unit for two adults and three children. Uniformly, AMP
employees informed FHCWMs testers that they were not allowed to rent a two-bedroom unit for
their families because AMP enforced a two-person per bedroom occupancy policy. (Indeed, for
most of the properties tested, two-bedroom apartments were the largest options available, so
these families would not be permitted to rent any unit in the property at all). At least one of
these properties (Glen Oaks East) told the tester that any child over the age of six months would
be counted for the purposes of applying AMPs occupancy policy. Another property
(Ridgewood Apartments) informed FHCWMs tester that it counts children as occupants at birth.
Accordingly, under those policies, even a family with three children that included an infant
sharing a room with her parents would not be allowed to rent a two-bedroom unit.
FHCWM conducted additional investigation and research to determine whether AMPs
policy at these properties was unreasonable in light of the factors that HUD expressly directs
housing providers to consider in setting occupancy standardsfor example, the size and
configuration of the unit and the application of any local occupancy codes. FHCWMs
additional investigation confirmed that AMPs policy is unduly restrictive. Each of these
properties offer two-bedroom floor plans that are large enough and configured in such a way to
lawfully accommodate five (or in some cases more) occupants.
For example, in addition to Wyndham Hill, FHCWM calculated the number of occupants
permitted under local occupancy standards at other AMP properties in Grand Rapids, including
Aspen Lakes, Central Park Place, and Ridgewood. As discussed above, occupancy standards
for Grand Rapids are set by the IPMC, which requires that every bedroom occupied by more
than one person must contain a minimum of 50 square feet per occupant. 4
As demonstrated in Table 2, AMP enforces a strict two-person per bedroom policy, at
these properties, despite having a number of two-bedroom floor plans that can lawfully
accommodate five (or more) occupants under the IPMC. (The floor plans are attached in the
order in which they appear in Table 2 as Exhibits 2-4).

The minimum area requirements for living rooms and dining rooms under the IPMC are the same for units
occupied by 4 people as they are for units occupied by 5 and thus do not justify AMPs two-person per bedroom
occupancy restriction. Under the IPMC, a unit housing three to five occupants must have a living room that is at
least 120 feet and a dining room that is at least 80 feet. IPMC at Table 404.5.

Table 2.
Property
Tested

Floor Plan
Name

Aspen
Lakes
Aspen
Lakes
Aspen
Lakes
Aspen
Lakes
Central
Park Place
Central
Park Place
Central
Park Place
Central
Park Place
Ridgewood

Erie

Total sq.
Bedroom # of
Bedroom # of
Total
ft.
1 sq. ft.
occupants 2 sq. ft.
occupants number
(advertised)
allowed
allowed
occupants
in
in
permissible
Bedroom
Bedroom under
1
2
IPMC
1050
165
3
120
2
5

Michigan

900

154

120

Petoskey

1000

154

120

Superior

1150

165

120

Syracuse

890

198

110

Manhattan

944

180

120

Rockefeller 1000

169

143

Broadway

932

154

143

Paris

912

156

137

FHCWMs testing of AMPs conduct in another jurisdiction in which Respondent

operatesGrand Haven Township, Michiganyielded the same results. Appling IPMC
standards, 5 Table 3 shows two-bedroom apartments that can accommodate five occupants at
AMPs 43 North and Timberview properties in Grand Haven Township. The relevant floor
plans are attached as Exhibits 5-6.

Throughout this Complaint, where a property is located in a jurisdiction that either does not have its own local
code or has a building or zoning code that does not place specific restrictions on the number of occupants that can
reside in a particular dwelling, Complainants apply the IPMC as a default, as it is a universal, model code. Where a
jurisdiction has its own code that does not apply IPMC standards, Complainants use the standards imposed by that
code.

Table 3.
Property
Tested

43 North
Timberview
Timberview
Timberview
Timberview
Timberview

Floor Plan
Name

Total sq.
Bedroom # of
ft.
1 sq. ft.
occupants
(advertised)
allowed
in
Bedroom
1
Westwind 970-1072
158
3
Crystal
1045
225
4
St. Claire
932
176
3
Paradise
1035
162
3
Marquette 1095
186
3
Charlevoix 1100
152
3

Bedroom # of
2 sq. ft.
occupants
allowed
in
Bedroom
2
122
2
124
2
113.3
2
117
2
117
2
113.3
2

Total
number
occupants
permissible
under
IPMC
5
66
5
5
5
5

FHCWM similarly determined that families of five could live in a number of AMPs twobedroom apartments at Glen Oaks East (in Grand Rapids, Michigan) under IPMCs guidelines.
(The floor plans are again attached in the order in which they appear in Table 4 as Exhibit 7).
Table 4.
Property
Tested

Floor Plan
Name

Total sq. ft.

(advertised)

Bedroom
1 sq. ft.

# of
Bedroom
occupants 2 sq. ft.
allowed in
Bedroom
1

# of
occupants
allowed in
Bedroom
2

Glen Oaks
East
Glen Oaks
East
Glen Oaks
East

Maple

1126

157

118

Total
number
occupants
permissible
under
IPMC
5

Cedar

921

157

118

67

Hickory

1012

157

118

Under the IPMC, units occupied by 6 or more people must have a living room that is at least 150 square feet and a
dining room that is at least 100 square feet. IPMC at Table 404.5. Based on Complainants review of the Crystal
floor plan, attached as Exhibit 6, it appears that it meets IPMCs living and dining room requirements for a unit
occupied by six people. At a minimum, the Crystal could lawfully accommodate five occupants, which is more than
AMPs policy allows.
7
Under the IPMC, units occupied by 6 or more people must have a living room that is at least 150 square feet and a
dining room that is at least 100 square feet. IPMC at Table 404.5. Based on Complainants review of the Cedar
floor plan, attached as Exhibit 7, it appears that it meets IPMCs living and dining room requirements for a unit
occupied by six people. At a minimum, the Cedar could lawfully accommodate five occupants, which is more than
AMPs policy allows.

FHCWM also tested AMPs Woodbridge and Woodland Creek apartment in

Kentwood, MI and, as discussed above, confirmed that those properties also enforce a twoperson per bedroom occupancy policy. The precise dimensions of apartments at those properties
are unavailable to Complainants. However, upon information and belief, those properties have at
least one, two-bedroom floorplan that can accommodate a family of five under IPMCs
standards. Woodbridge Apartments describes its apartments as having spacious layouts and
offers a deluxe two bedroom floor plan that is 1000 square feet that Complainants believe
could accommodate a family of five under IPMC. See Exhibit 8. Woodland Creek Apartments
offers a number of two-bedroom floor plans, many over 1200 square feet, at least one of which,
upon information and belief, could lawfully house five occupants under local occupancy
standards. See Exhibit 9.
The precise dimensions of Respondents River Club property in the City of Holland,
Michigan are similarly not available to Complainants. However, FHCWM confirmed through its
testing that Respondent enforces its policy at River Club Apartments and, upon information and
belief, River Club has units that could accommodate more than two persons per bedroom under
local occupancy guidelines. Indeed, Respondent advertises that River Club offers a range of
spacious floor plans, as well as that the apartments are designed to maximize square footage.
See Exhibit 10.
Country Place Apartments, in the City of Mount Pleasant, Michigan (Mount
Pleasant), also enforces a two-person per bedroom policy that is more restrictive than IPMC as
applied to a number of two-bedroom floor plans. For example, the White Pine and Cypress floor
plans at Country Place Apartments, attached as Exhibit 11, are each over 900 square feet, have
one bedroom that is 198 square feet (and thus can accommodate up to 3 people), and a second
bedroom that is 110 feet (in which two occupants can sleep under the IPMC). 8
FHCWM also tested Respondents conduct at Spring Brook Apartments in Holland,
Michigan. Spring Brook Apartments similarly has two-bedroom floor plans that can
accommodate five (and in some cases more) occupants under IPMC, but not under AMPs
restrictive policy. The relevant floor plans from Spring Brook Apartments, demonstrated in
Table 5 below, are attached as Exhibit 13.

FHCWM also tested Stone Crest Apartments in Mount Pleasant, Michigan. The precise dimensions of its two
floor plans are not available, but, upon information and belief, that complex also has at least one, two-bedroom floor
plan that could lawfully house a family of five. Stone Crest advertises that it has spacious two-bedroom units that
are over 900 square feet. Exhibit 12.

Table 5.
Floor Plan
Name

Total sq. ft.

(advertised)

Bedroom
1 sq. ft.

# of
Bedroom
occupants 2 sq. ft.
allowed in
Bedroom 1

# of
occupants
allowed in
Bedroom 2

Total
number
occupants
permissible
under IPMC

Tulip
Lotus
Cherry
Blossom

1150
950
875

180
156
182

3
3
3

3
3
2

6
6
5

180
156
130

Finally, FHCWM conducted testing of the Respondents conduct at The Valley, a

community comprised of apartments and townhomes in Grand Rapids. The Valley has twobedroom townhomes that are sufficiently large for a family of five under IPMC, but not pursuant
to AMPs restrictive policy. The two-bedroom townhome floor plan is attached as Exhibit 14. It
is over 1600 square feet. It has three levels. It includes a spacious living room, a separate dining
room, and an additional 276 square foot recreation room on the lower level. Notably, the
townhome has one bedroom that is 191 square feet (in which up to three occupants can sleep
under IPMCs standards), in addition to a 134 square foot bedroom that can accommodate up to
two occupants. Yet, despite the size of the bedrooms, the layout, and the configuration of this
large townhome, AMP refused to make any exception to its rigid policy to allow a family of five
to live there. That AMP enforces the same occupancy policy for two-bedroom townhomes at
The Valley that it does at two-bedroom units that are half that size confirms that Respondents
policy is unreasonable per HUDs guidance.
Investigation by the Fair Housing Center of Central Indiana (FHCCI)
In January and February 2016, FHCCI conducted testing at a number of AMPs
properties in Indiana to determine whether AMP enforced the same discriminatory occupancy
policy in Indiana as it did in Michigan. FHCCIs investigation determined that it did.
Prior to completing its testing, FHCCI conducted research to determine whether any of
AMPs Indiana properties offered two-bedroom floor plans that could lawfully accommodate
families of five under local occupancy guidelines. FHCCI determined that a number of
properties had such floor plans.
For example, FHCCI researched floor plans at Addison Place Apartments, an AMP
Property located in the City of Evansville, Indiana (Evansville, Indiana), in Vanderburgh
County. Evansville has its own code, the Property Maintenance Code of Evansville, Indiana,
(PMCE) see Prop. Maint. Code 15.15, which is similar to the IPMC in many respects. Like
IPMC, in Evansville, a bedroom (or other room occupied for sleeping purposes) occupied by
more than one person must have a minimum of 50 square feet per occupant. Also like IPMC,
under Evansvilles code, there is no difference in the occupancy restrictions for living rooms and
10

dining rooms for units occupied by four people verses units occupied by five people. The
minimum area limits for living rooms and dining rooms for any unit occupied by three to five
people is 120 square feet and 80 square feet, respectively.
Applying these standards, FHCCI ascertained that Addison Place has at least one, twobedroom unit that can lawfully accommodate five occupantsthe Kensington floor plan. This
floorplan, attached as Exhibit 15, is 1155 square feet, has one bedroom that is almost 200 square
feet (and can thus accommodate up to three people), another bedroom that is 120 square feet (in
which two people can sleep), and a spacious, combined living/dining room area.
Accordingly, when conducting its testing of Addison Place, FHCCI instructed one of its
testers to inquire about a two-bedroom apartment for his family of five (two adults and three
children) and to specifically ask about the Kensington floorplan. Before confirming whether the
Kensington apartment was available, AMPs leasing agent asked the tester how many occupants
would be living in the unit. When the tester told the agent that the unit would be occupied by his
family of five, AMPs employee told the tester that the property adhered to a two-person per
bedroom policy and, as a result, he would be unable to rent the unit there.
FHCCI also determined that Respondent has two-bedroom floorplans that can lawfully
accommodate families of five at its North Park Apartments, also in Evansville, Indiana, under
Evansvilles Property Maintenance Code, see supra at 10. For example, both the Berkshire and
Harrington floor plans have 160 square foot bedrooms (that can accommodate up to three
occupants), 100 square foot bedrooms (that can accommodate up to two occupants), and
combined living and dining room spaces that can lawfully accommodate up to five occupants
under Evansvilles Code. See Exhibit 16. Yet, Respondent told FHCCIs tester (a woman
posing as an individual seeking a unit for a couple with three children) that her family of five
could not rent a two-bedroom unit at North Park because of AMPs two-person per bedroom
occupancy policy.
Similarly, FHCCIs research confirmed that an AMP property called Edison Pointe
Apartments, located in the City of Mishawaka in Indiana (Mishawaka), had two-bedroom
units in which a family of five could live under local occupancy restrictions. Mishawaka adheres
to the Building Officials and Code Administrators International, Incorporated (BOCA)
occupancy standards, which are also almost identical to the IPMC in terms of their occupancy
limitations. Bldg. Officials & Code Admrs Intl Inc. 405.0. Under BOCA, like under the
IPMC, every room occupied for sleeping purposes by more than one person must contain at least
50 square feet per occupant Id. at 405.3. 9
As demonstrated in Table 6, Edison Pointe offers a number of two-bedroom floor plans
in which a family of five could live under BOCAs guidelines. (The floor plans contained in
Table 6 are also attached as Exhibit 17).

Also like IPMC, under BOCA there is no difference in the occupancy restrictions for living rooms and dining
rooms for units occupied by four people verses units occupied by five people. The minimum area limits for living
rooms and dining rooms for any unit occupied by three to five people is 120 square feet and 80 square feet,
respectively.

11

Table 6.
Floor Plan
Name

Total sq. ft.

(advertised)

Bedroom
1 sq. ft.

# of
occupants
allowed in
Bedroom
1

Bedroom
2 sq. ft.

# of
occupants
allowed in
Bedroom
2

Total
number
occupants
permissible
under IPMC

Kirkwood
Stratford
Inverness

1100
1150
950

168
169
156

3
3
3

110
108
110

2
2
2

5
5
5

An FHCCI tester contacted Edison Pointe posing as a woman seeking a two-bedroom

apartment for herself, her husband, and her three small children. Before informing AMPs
leasing agent that she had three children, the tester confirmed that the Kirkwood floor plan was
available for rent, as well as that an Inverness model would be available in the coming month.
Despite the availability of housing at the complex, AMP informed the tester that her family could
not rent the unit once the tester revealed that she had three children. Again, AMPs employee
represented that AMP had a two-person per bedroom occupancy limitation and would not make
any exceptions for the tester despite the large size and configuration of its two-bedroom
apartments.
Investigation by the Central Ohio Fair Housing Association (COFHA)
In November 2015, the Central Ohio Fair Housing Association (COFHA) conducted a
controlled test at Muirwood Village, an AMP property in the City of Reynoldsburg, Ohio
(Reynoldsburg), which is just outside of Columbus in Franklin County. Like the tests done by
other Complainants, COFHAs tester posed as a married woman looking to rent a two-bedroom
apartment for herself, her husband, and her three children.
COFHAs test confirmed that Respondent enforces the same two-person per bedroom
policy at Muirwood Village that it does at other properties Complaints tested. A Muirwood
Village employee told COFHAs tester that the propertys maximum occupancy was two people
per bedroom and thus the testers family could not rent an apartment at the complex.
After confirming the existence of a two-person per bedroom occupancy policy, COFHA
conducted additional investigation to determine whether Muirwood Villages policy was more
restrictive than local occupancy limitations. COFHAs additional investigation revealed that
Muirwood Villages occupancy policy is, in fact, more restrictive than applicable local
occupancy codes.
Muirwood Villages two-person per bedroom occupancy policy is more restrictive than
the local, municipal occupancy code, the Housing Code for Columbus, Ohio (Columbus
Code). Under the Columbus Code, any room used for sleeping that is occupied by more than
one person is required to contain at least 50 square feet of floor area per occupant. Id. at
4541.01. Other limitations imposed by the code are the same for a unit housing four occupants
as they are for a unit housing five occupants. Specifically, a dwelling unit housing anywhere
12

from three to five occupants must have a living room that is at least 120 square feet and a dining
room that is at least 80 square feet, and a kitchen that is at least 50 feet. 10 Columbus Code at
4541.015.
Muirwood Village offers at least two, two-bedroom floor plans that could lawfully
accommodate five occupants under the Columbus Codethe Sycamore and the Chestnut. See
Exhibit 18. The dimensions for each of these floor plans are the same. Both contain one
bedroom measuring 192 square feet (which under the Columbus Code can accommodate three
people). And both have a second bedroom that is 100 square feet (which can accommodate two
people). Thus, under local occupancy standards, a family of five would be permitted to live in
the Sycamore or Chestnut units at Muirwood Village, yet Respondents policy unreasonably caps
occupancy for these units at two people per bedroom.
Muirwood Villages policy is also more restrictive than the Franklin County Board of
Health Housing Maintenance and Occupancy Code (Franklin County Code). Under the
Franklin code, the maximum occupancy of any dwelling unit is 140 square feet for the first
occupant of the unit and at least 100 square feet for each additional occupant. Franklin County
Code at 710.06 (B) (1). Per the code, floor space is calculated on the basis of total habitable
rooms. Id. The code defines a habitable room as a room or enclosed floor space arranged
for living, cooking, eating, or sleeping purposes, but does not include a room used as a bathroom,
water closet compartment, laundry, pantry, foyer, hallway, kitchenette, or other accessory floor
space. Id. at 710.01 (EE).
Applying these standards, both the Sycamore and Chestnut units have over 540 square
feet of habitable space, meaning that both floor plans can lawfully accommodate five people
under the Franklin County Code. 11
Investigation by the Fair Housing Center of Southeast & Mid-Michigan (FHCSEM)
The Fair Housing Center of Southeast & Mid-Michigan began its investigation of the
Respondents property in its service area (Runaway Bay in The City of Lansing, Michigan) in
March 2016. FHCSEM instructed a tester to contact Runaway Bay to inquire about a twobedroom unit for herself, her husband, and three small children. When the tester contacted
Runaway Bay as instructed, Respondents agent confirmed its discriminatory policy, telling the
tester that her family could not rent a two-bedroom unit because of Respondents two-person per
bedroom occupancy restriction.
FHCSEM conducted additional research to determine whether AMPs policy was
unreasonably restrictive in light of HUD guidance instructing housing providers to consider the
size of the unit, local occupancy restrictions, and other standards in setting occupancy
limitations. Based upon FHCSEMs research, AMPs policy was unduly restrictive as enforced
at Runaway Bay.
For example, applying IPMC standards, Runaway Bay has a two-bedroom floorplan
called Spinnaker that can legally house up to five people. That floor plan is attached as
10

The Columbus Code also provides that the kitchen in any unit housing up to five occupants must be at least 50
square feet.
11
Both floor plans, which have the same dimensions, have 568 square feet of total habitable space.

13

Exhibit 19. The unit has a 154 square foot bedroom (which is more than the minimum square
footage required for three people under the IPMC), another bedroom in which two people can
sleep (121 square feet), and a spacious combined living room and dining room area. Despite the
size and configuration of this floorplan in particular, AMP made no exceptions to its policy in
order to accommodate a family with three children.
Investigation by the Fair Housing Center of Southwest Michigan
Finally, in April 2016, the Fair Housing Center of Southwest Michigan conducted testing
at Respondents property in The City of Kalamazoo, Michigan (Kalamazoo)Waverly Place.
Like the tests done by the other Complainants, FHCSWMs tester posed as a woman seeking a
two-bedroom apartment for herself, her husband, and three children. Respondents employee
confirmed that Respondent enforces the same, restrictive occupancy policy at Waverly Place that
it does at the other properties Complainants tested. Respondents employee told the tester that
Waverly Place has a two-person per bedroom occupancy policy and thus could not rent a twobedroom unit to a family with three children, regardless of the ages of the children.
FHCSWMs investigation revealed that Respondents strict, two-person per bedroom
policy is more restrictive than the 2012 IPMC, see supra at 4, which also governs occupancy
standards in Kalamazoo. The relevant floorplans are attached as Exhibit 20.
Table 7.
Floor Plan
Name

Brooklyn
Bryant

Total sq.
Bedroom # of
ft.
1 sq. ft.
occupants
(advertised)
allowed
in
Bedroom
1
1000
154
3
1000
154
3

Bedroom # of
2 sq. ft.
occupants
allowed
in
Bedroom
2
110
2
110
2

Living Total number occupants

Room permissible under IPMC

176
176

5
5

As demonstrated by Table 7, Kalamazoos local occupancy standards would permit a

family of five to live in the Brooklyn or Bryant units at Waverly Place, yet Respondent
inexplicably caps occupancy to no more than two people per bedroom.
*

As described in greater detail above, Complainants respective investigations confirmed

that Respondent enforces a strict and unreasonable maximum occupancy policy at a number of
its properties. Respondent enforces this policy without regard to any of the factors that HUD has
instructed housing providers to considersuch as the size of the unit, the configuration of the
unit, or any limitations imposed by the local occupancy code. Respondents policy has a
predictable and disparate impact on families with children, as families with children are
significantly more likely to be affected by policies that limit the number of people who can live
in an apartment unit.
There is no legitimate business necessity for Respondents policy. While preventing
overcrowding is a legitimate concern for housing providers, local occupancy codes are similarly
14

enacted to prevent overcrowding and protect the health and safety of occupants of a dwelling.
As detailed above, Respondents policy often operates to be more restrictive than local
occupancy codes. Certainly, conforming their policy to the limitations imposed by the local
occupancy code for families with children would be a less discriminatory alternative to the
current, across-the-board two-person per bedroom policy, as it would increase the number of
families with children eligible to rent units in its communities. Given the absence of any
legitimate business necessity for its practices, Respondents rigid occupancy policy violates the
FHA.
INJURY CAUSED BY RESPONDENT
As a result of Respondents discriminatory conduct, prospective tenants in the
communities that Complainants serve have been, and continue to be, significantly injured.
Respondents occupancy policy operates to both exclude and limit the number of families with
children who are eligible to live in its apartment complexes.
Complainants have also been directly harmed by Respondents actions. As this
Complaint makes clear, Complainants investigation was extensive, comprehensive, and timeconsuming. Collectively, Complainants had to devote significant resources to investigate and
counteract Respondents discriminatory occupancy policy. In order to investigate Respondents
conduct, for example, Complainants had to invest substantial time to coordinate testing, analyze
the tests conducted, and research and analyze local occupancy codes. Overall, Complainants
conducted at least 20 tests at 20 properties over a period of many months. In order to do so,
Complainants had to divert their scarce resources from other activities, such as education and
outreach, client counseling, and community development. Further, Respondents discriminatory
practices have frustrated Complainants missions of ensuring that all people within their
respective jurisdictions have equal access to housing opportunities regardless of familial status.
As Respondents practices are ongoing, Complainants injuries continue to accrue.

15

Executed on

:::rvn:o

~;J t ~0(6

,~G'Y\Q ~
Nancy Ha~ for
Fair Housing Center of West Michigan

16

+VMZ


Executed on _______________

__________________________
_____
______
___
_______________
_________
___
___
Jim McCarthy
MccC
M
Caarthy
Central Ohio Fair Housing Association

17

Executed on

G( 7, 2-/ 1Jvf ~
Amy Nelson
Fair Housing Center of Central Indiana

18

Executed on

Bob Ells

Fair Housing Center of Southwest Michigan

19

Executed on

b / 2-1-{{6

Q . {~
Pamela A. Kisch
Fair Housing Center of Southeast
& Mid-Michigan

21

20